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Shaw v. State

District Court of Appeal of Florida, Fourth District
Mar 12, 1986
484 So. 2d 648 (Fla. Dist. Ct. App. 1986)

Opinion

No. 84-1412.

March 12, 1986.

Appeal from the Circuit Court for St. Lucie County, Royce R. Lewis, J.

Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.


This cause is remanded for resentencing.

First of all no written reasons were given for departure from the sentencing guidelines. See State v. Boynton, 478 So.2d 351 (Fla. 1985).

Second, there were apparently two scoresheets involved. Florida Rule of Criminal Procedure 3.701(d)1 clearly mandates that "One guideline scoresheet . . . be prepared . . . covering all offenses pending before the court for sentencing." It is true there is no showing of how the presence of two scoresheets prejudiced the defendant. Nonetheless, since this cause must be remanded in any event, a single scoresheet should be employed.

In all other respects this cause is affirmed.

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.


Summaries of

Shaw v. State

District Court of Appeal of Florida, Fourth District
Mar 12, 1986
484 So. 2d 648 (Fla. Dist. Ct. App. 1986)
Case details for

Shaw v. State

Case Details

Full title:GEORGE B. SHAW, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 12, 1986

Citations

484 So. 2d 648 (Fla. Dist. Ct. App. 1986)